Mr Bean wrote:1. All Nations of the World already have the Death Penalty
In any justice system where it is possible to sentance someone to more than one hundred years of prison time, there exists a default death penalty.
[snip]
If a forty year old man gets a one hundred year sentance with no parole for kidnapping and rapping a child, then you have sentances your murder to death by old age while telling yourself that he is simply being put in prison.
By that logic, retirement homes are equivalent to Nazi gas chambers. If I put a 60-year old man in a nice retirement home for the rest of his life, then I'm murdering him, right?
Why? Do you expect him to be able to be released at some point? All you've done is decided that this man shall die, but die years from now with the best medical treatment trying to keep him alive and living all his days, eating and sleeping with materials and buildings provided by the public as tax.
By that logic, if we expect elderly people to
never need to leave their retirement homes, we should just knock them out and slaughter them like sick cattle.
This man will never be release if he is guilty, if he is innocent perhaps, but if you are opposed to the death penality on grounds an Innocent man might be killed in placed of a guilty one stay tuned for point two.
I'm probably going to stay tuned for a long time. Point two says 'There must be a harsher punishment than life imprisonment, because lifers can still commit crimes'. This doesn't address the risk of executing innocent people at all.
2. Without a death penalty, what to do with someone who commits a Capital offense who is already in jail for committing another Capital offense.
[snip]
What do you do with a inmate who is already in jail for the remainder of their adult life and kills again? You can't make their punishment worse, your stuck their is no other punishment option you can exercise except to hope that the guards will "be forced to shoot the prisoner trying to escape" thus again letting you tell yourselves your hands are clean.
You're saying
'lifer crimes must be punished, and the only thing worse is capital punishment, therefore we must execute them'. I don't agree the first or second assumptions.
For the first assumption, I see three purposes of prison:
- - Segregation to protect society
- Rehabilitation
- Deterrence
Punishment only matters as far as it acts as a deterrent. Punishment in the sense of vengeance or retribution is not the reason for existence of prisons.
For the second assumption, there are many punishments worse than ordinary life imprisonment, even without cruel and unusual methods. From you post, you should have realised two yourself - solitary confinement, and restrictions on privileges. Solitary confinement can be adjusted as desired - a few months or years at a time.
I don't know whether minimum legal qualities are already implemented for food, exercise, etc - if they aren't, then restrict them on condition of good behaviour. If they are, then give extra quality treatment to prisoners with a good behaviour record - if they act up, cut their privileges down for various periods of time.
Without those two assumptions, the conclusion that we must use capital punishment is clearly invalid.
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From reading the thread, I can remember the complaint
'Life imprisonment is much more expensive and risky (to guards and other inmates) than execution'.
The risk to guards should be considered a part of the job - consider that there are many restrictions that could be placed on ordinary citizens that would make police safer. For example, Australia's banning of pepper spray (or anything similar), body armour, any joined sticks as for 'kung-fu', swords (in Victoria), etc. Just because it makes personnel safer doesn't mean it's right.
The risk to other inmates should be considered a responsibility of the prison system. It falls in with the risk of injury from environmental sources like food poisoning, shoddy construction work, etc. If a prison is working properly, inmates at the level of capital punishment should never be allowed the opportunity to harm other inmates.
Now, it doesn't need to be expensive - I think prisoners should be made to work, and educated for the express purpose of wringing more useful work out of them. As above, granting and restricting privileges can drive them to work - extra free time can be another carrot/stick.
Even if it was expensive, if being dead weight on society was all it took to warrant execution, then it would be OK to round up all the senile elderly and homeless bums and dump their bodies in mass graves.
Further, these costs may be
the price society is willing to pay to ensure that innocent people aren't executed. This is analogous to the way 'innocent until proven guilty' policies
choose to pay the potential cost of a guilty man going free, in exchange for all reasonable assurances than an innocent man will not be sentenced.
You said you were going to address it, but I didn't see it - how do you justify the risk of executing innocent people?